Investment Distribution

How do I equally distribute investments that have increased in value since the separation date? Do I use the values as of the separation date or do I use the current values?

If the increases are due to market gains (passive gains) and no contributions have been made since the date of separation, then the entire current balance at the time of distribution can be divided.

Otherwise, you’ll need to use the date of separation balance to determine what the other spouse is owed, and then the language for the settlement should say the receiving spouse shall receive $x plus or minus any passive gains or losses as of the date of separation or date of valuation. This will ensure the receiving spouse receives one-half of the passive marital gains but does not receive any of the post date of separation contributions.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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